According to the nonprofit The Marshall Project, the Cuyahoga County jail is considered one of the worst jails in America, a designation noted after an investigation by the U.S. Marshals Service following multiple jail deaths in 2018. The deaths of two dozen people have shaken public trust, left families with unanswered questions, and led to state and national investigations that reveal ongoing concerns over system failures.

Further south, in Columbus, a recent lawsuit alleges that the Franklin County jail did not perform required safety checks on a woman, which resulted in her death. Jail staff then tried to cover it up by falsifying records.

The Franklin County lawsuit comes just three years after the death of Michael McDaniel, a 55-year-old inmate who died after an altercation with staff at the Corrections Reception Center in Pickaway County.

These troubling cases highlight the need for criminal justice reform, as prisons are tasked with housing and caring for inmates they are ill-equipped to handle, such as individuals dealing with mental illness, addiction, and poverty. But until lasting changes are made, families affected by jail deaths face urgent questions about their rights. As calls for reform persist, it is crucial that you understand your legal rights after an inmate injury or when a prisoner dies in jail.

What Is Supposed to Happen When a Prisoner Dies in Jail?

Losing a loved one is difficult, and that grief can be even more profound when the loss happens under difficult circumstances like incarceration. Families must grapple with unanswered questions, limited information, and a deep sense of injustice and frustration. The lack of communication can leave loved ones feeling helpless, angry, or guilty that they could not be there during their loved one’s final moments.

Under “normal” circumstances, when an inmate dies in custody, prison officials are required to report the death to the Ohio Department of Rehabilitation and Correction and the Office of Criminal Justice Services, as well as the U.S. Bureau of Justice Assistance.

Jail deaths should be investigated and reviewed through an autopsy, and the sheriff will often initiate an internal investigation. To avoid a conflict of interest, the sheriff may request an independent investigation from the Ohio Bureau of Criminal Investigation.

Under public records laws, the following information should be made available to anyone who asks:

• Bodycam and video footage
• Officer disciplinary records
• Autopsy records
• State death investigations and corrective action plans
• Medical records of the deceased (released to a spouse, adult child, parent, or sibling under HIPAA — the Health Insurance Portability and Accountability Act)

Inmates Are Legally Entitled to Adequate and Timely Medical Care

Recent Ohio inmate injuries and deaths highlight the growing problem of medical neglect in American prisons. Because incarcerated individuals are no longer free to make their own healthcare choices, they must rely on jail and prison staff, who are constitutionally required to provide medical care. When prisons violate the rights of inmates and people are harmed as a result, prisons and the individuals who staff them must be held accountable.

When an inmate is denied adequate medical treatment or receives substandard care that causes an injury, the inmate or their family can file a claim to hold the medical providers accountable for the harm they caused.

Prisons have established standards and protocols that are intended to ensure inmates receive appropriate and timely medical care. These standards have been approved by the American Medical Association, the American Public Health Association, and the American Correctional Association. Nonetheless, prisons continue to violate prisoners’ rights by failing to provide adequate medical care or even denying medical care altogether.

When an inmate injury occurs because they were denied medical care, the inmate or their family can sue in federal court for violations of the Eighth or Fourteenth Amendments to the U.S. Constitution, which protect individuals from cruel and unusual punishment, and Section 1983 of the United States Code, which allows an individual to seek compensation for injuries or death caused by a government official. To prevail, they must show that the defendant acted with “deliberate indifference” to the inmate’s health or safety.

How an Ohio Jail Neglect Attorney Can Help

Filing a lawsuit against a government entity is challenging, particularly when the deceased person was incarcerated. To give your family the best chance of success, you need an experienced jail death attorney on your side who understands the applicable laws and has the experience, resources, and expertise to win.

Contact a Jail Neglect Attorney at Robenalt Law Today

Don’t wait to secure the justice your family deserves. The jail neglect attorneys at Robenalt Law have offices in Cleveland and Columbus, and handle jail death claims throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614) 695-3800 or contact us online to schedule your free, confidential, no-obligation consultation to discuss your situation and how we can help.